Photography Wedding Contract
This agreement is made effective for all purposes in all respects as of [ DATE ] by and between Jeffrey House Photography, hereinafter referred to as "The Company" and [ CLIENT NAME ], hereinafter referred to as "The Client" relating to the event(s) detailed below, hereinafter referred to as "The Events."
This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement of any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A signed contract and a retainer fee are required to reserve the date(s) and time(s) of the EVENT(S). If the EVENT(S) is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment of any of the COMPANY'S materials charges incurred up to the time of cancellation.
FINAL CONSULTATION AND EVENT SCHEDULE
The COMPANY will schedule a final pre-wedding consultation with the CLIENT(S) approximately 1-2 weeks prior to the day of the EVENT(S) to provide assistance on planning, logistics, and timings where needed.
During the final pre-wedding consultation, the CLIENT agrees to broadly outline the EVENT schedule. Notification of any changes in the schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer(s) from the COMPANY experience inappropriate, threatening, hostile, harassing, or any offensive behavior from person(s) at the EVENT(S).
The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Photography services commence at the scheduled start time and conclude at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), photographing will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT at the rate of $250 per hour.
When applicable, the CLIENT is responsible for all travel accommodations, meals, and transportation costs unless provided by the CLIENT.
All travel expenses are based on the distance between the EVENT(S) location(s) and the COMPANY'S studio address. For all EVENT(S), the first 100 miles of travel are included. All mileage in excess of 100 miles round-trip are charged at $0.60 per mile.
The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including, but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect address(es) provided to the COMPANY, rendering of decorations, or restrictions of the location(s). The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict photography coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS
The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiations will the officials for the moderation of guidelines is the CLIENT'S responsibility; however, the COMPANY will offer technical recommendations.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM AND COPYRIGHTS
The photographs and/or video produced by the COMPANY are protected by Federal Copyright Laws (All Rights Reserved) and may not be reproduced in any manner without the COMPANY'S explicitly written permission. If the CLIENT has purchased a "Copyright Image Release" from the COMPANY, limited copyright of the resulting images will be granted to the CLIENT. If the CLIENT has purchased a "Copyright Image Release" from the COMPANY, the COMPANY grants the CLIENT permission to print and share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY (Photographs Courtesy of Jeffrey House Photography). The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
In the unfortunate event the CLIENTS "USB" is lost, stolen or damaged, an additional "USB" with the high-resolution and digital resolution images may be purchased for $500. The price is subject to change without notice.
The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish the photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational, and any other purposes and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of the images.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer(s) from the COMPANY are unable to perform to the guidelines of this contract due to injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement can not be found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event the digital files have been lost, stolen, damaged or destroyed for reasons beyond the COMPANY'S control, including but not limited to camera, hard drive or equipment malfunction, the COMPANY'S liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of the originals shall be a prorate amount of the exposures lost based on the percentage of photographs expected to be delivered as set forth in the contract.
Whiles guests are not excluded from taking pictures during the EVENT(S), the sudden and unexpected bursts of light being fired from the flashes generated by cell phones, cameras, etc. can severely degrade the quality or destroy the images being captured by the COMPANY. The COMPANY is released from any negative impact or loss of photographs as result of said situation.
VIDEOGRAPHER AND DJ/bAND
Occasionally, videographers use power "spot lights" or "video lights" that will inevitably result in ruined images as these lights will turn on/off at unpredictable times and they can produce small spots of intense light which are impossible to expose for in still photographs. Background lighting and other stationary lighting setups will not cause this problem because they do not change rapidly or unexpectedly. DJ's/Bands will often use creative lighting that can cause distracting lighting "flares" and other lighting patterns. The CLIENT assumes all risk for damaged or loss of photographs caused by amateur photographers, videographers, creative lighting setups, and/or moving or unpredictable spotlights.
CAPTURE AND DELIVERY
The COMPANY is not liable for delivering every image captured during the EVENT(S). The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. In most cases, the final delivery of all products will be made within 5-7 weeks if not sooner, however, it may take as long as 12 weeks from from the date of the EVENT(S). If the COMPANY is unable to meet these timeframes, the COMPANY will advise the CLIENT as soon as reasonably possible with a reason for delay and the expected delivery date.
SIGNATURE PRODUCTION AND EDITING
The final post-production and editing style(s), effects, and overall look of the images are left to the professional discretion of the COMPANY.
The aforementioned $700 non-refundable retainer fee is due at the time of signing the wedding photography agreement. The remaining balance is payable 2 weeks prior to the date of the EVENT(S). Any cancellation occurring after the final balance is paid is not subject to a refund. In the event the CLIENT fails to remit payment as specified, the COMPANY reserves the right to immediately terminate this agreement with no further obligation, retain any and all monies already paid, and not attend or photograph the EVENT(S). Returned checks will be assessed a $50 insufficient funds fee.
Services or merchandise not included in the initial contract will be sold at the current price when the order is purchased. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may not be applied towards merchandise purchased from the COMPANY.
The COMPANY will be the sole photographer employed during the EVENT(S) including any potential assistants working on behalf of the COMPANY. Simultaneous photography coverage by another amateur or professional photographer, excluding videography, releases the COMPANY from this agreement and terminates the service contract. The COMPANY will retain any and all monies already paid. This does not exclude guests from taking candid photographs provided they do not interfere with the right of way given to the COMPANY. The COMPANY reserves the right to request a guest(s) to refrain from taking pictures if they are in any way being obtrusive or creating any interference.
Any and all EVENT(S) serving meals, please inform your caterer that we will need two meals. The COMPANY requires our meals be provided at the same time as the CLIENT to avoid missing important events of the day.